Welcome to the forum gareththomasnz, we discuss many NZ cases here too.Quite shocked at the bigotry in the posts on this thread.
We are assumed "innocent until proven guilty" are we not? Here you are discussing how to frame murder on an innocent man.
Kidnapping? He restrained her on the ground after she physically and verbally assaulted him for an hour. She had struck him in the head with a metal object and had begun trashing his property.
I have ignored this case since it initially happened. I was not aware the recordings were available for such a long time.
So now it as at trial & the verdict will be soon.
I have listened to 40 minutes of the recordings and read a fair amount. Nothing suggests a murder or even warrants the manslaughter charge however I understand the due process of law must be followed.
Now my initial reaction when this happened in 2014 was the standard knee jerk reaction, evil nutter murdered a poor girl, rapist etc.
Lets establish the facts.
Tostee was popular with the ladies, a player. He has no record of sexual assault or indecency.
On the evening in question both parties agreed mutually to get drunk & have sex. The young lady was equally a party to this mutual sex between total strangers.
Both of them sounded drunk or very drunk on the recording.
Tostee seemed to be trying to be a gentleman throughout the evening all be it a drunken idiot. The young woman Warriena was clearly unable to handle the amount of alcohol she consumed and became beligerant.
It sounds like she assaulted tostee for at least an hour during which time he was self restrained & trying to be as polite as possible for a drunk having sex with a stranger. She also abused him verbally for at least an hour in her drunken state.
Warriena clearly had lost her self control, very drunk and became increasingly violent. At some point she began to trash the appartment, throwing objects at Tostee who himself even up to this point was non-threatening & non-violent.
She then grabbed a telescope stand and hit him in the head with it - it was at this time that Tostee tackled her to the ground and held her there while saying unpleasant things to her. It seems she was still holding the metal object at this stage.
Keep in mind she had begun to trash the apartment at this stage & could have smashed the glass door.
Tostee at no time struck her.
He stuck her out on the balcony probably to cool her off. She became hysterical, tried to climb over the balcony and fell.
OK, what we have is a classic defensive knee jerk reaction. It is not even manslaughter. She assaulted him multiple times and was about to vandalise his property.
She was free to communicate with neighbours from the balcony & she was clearly a danger to herself unable to be escorted home.
What else was he to do? He did not hit her, he held her on the ground after she hit him in the head. He did not verbally abuse her throughout the evening. She did it to him.
If I was on the jury it would be a not guilty from me unless there is further evidence we have not been told.
As for male vs female predudice etc that is bigotry. This is a criminal case. It was clearly neither manslaughter nor murder & it was not kidnapping either. She was a danger to herself and others. The balcony was the best place for her to be had she not climbed off it.
I generally agree, and most certainly that the scary "vertical fence" could be expected to keep her safe. Furthermore there are complicating factors, particularly his recent police record, which was driving, not violence to anyone. This would invoke regrettable caution in allowing her to storm down to the foyer and call the police.
However in law, and judging by views on the thread he looks sure to go down for manslaughter.
